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Home My WebLink AboutResolution 5340 490 0 SCANNED 0 CITY of ORONO RESOLUTION OF THE CITY COUNCIL SYi04� NO. 3 4 0 L1 O A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 78-966 (A) FILE NO. 04-2969 WHEREAS, Terry J. Blount and Gretchen Blount, husband and wife (hereinafter "the applicants") are the owners of the property located at 1390 Cherry Place <ithin the City of Orono (hereinafter the"City") and legally described as follows: That part of Government Lots 4 and 5, Section 8, Township 117 North, Range 23 West of the 5t" Principal Meridian, described as follows: Beginning at the 1.. Southwest corner of Lot 7, Block 11, Saga Hill Revised; thence East along the South line of said Lot 7 to the shore of North Arm, Lake Minnetonka; thence southerly along the shore of Lake Minnetonka 57.0 feet, more or less to the Northeast corner of Lot 1, Block 4, "Crystal Bay View"; thence West along the ``j North line of said Lot 1 to the Northwest corner of said Lot 1; thence northerly to the place of beginning; AND ALSO Lot 7, Block 11, Saga Hill Revised. �: r o Prvicm Inc. (hereinafter the"property"); and WHEREAS, the applicants have made application to the City of Orono for a conditional use permit per Orono Municipal Zoning Code Section 78-966 (A) to permit land alterations within 75' of the OHWL of Lake Minnetonka consisting of replacement of the existing railroad tie retaining wall with two, 4' tall boulder walls and a planting plan. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 04-2969. 2. The property is located in the LR— 1B, One Family Lakeshore Residential District which requires a minimum lot area of 1.0 acres and a minimum lot width of 140' at the shoreline and 75' setback. Page 1 of 5 0 0 CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL `�kEs803 4� NO. s 40 3. The Planning Commission reviewed this application at a public hearing held on June 20, 2005 and recommended approval of the conditional use permit request based on the following findings: a. The existing railroad tie retaining wall is in need of repair. b. The City Engineer has reviewed and approved the proposed wall replacement and planting plan. c. No negative impacts will result when viewed from the lake. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed conditional use permit on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the conditional use permit would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit per Orono Municipal Zoning Code Section 78-966 (A) to permit land alterations within 75' of the OHWL of Lake Minnetonka consisting of replacement of the existing railroad tie retaining wall with two, 4' tall boulder walls and a planting plan, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicants and annotated by City staff, attached to this Resolution as Exhibit A. Any Page 2 of 5 O 4 ti CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL S-aDg�G NO. 5340 amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Applicants shall remove all plastic or fabric liner material from the decorative landscape beds on the property to ensure their permeability as non-hardcover surfaces. 3. Authorities granted by this resolution run with the property not with the applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the conditional use permit will expire on that date (June 27, 2006). 4. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5. The undersigned applicants have read, understand and hereby agree to the terms of this resolution and on behalf of the applicants and the applicants' heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 27"' day of June, 2005. T Ai, Y, d✓' �' �!2 ..f Y ' ." nd Vee Ctity;,Olerk Barbara A. Peterson, Mayor aux. F r PropertOw (s) Page 3 of 5 0 0 C ITY of ORIO41, N AV ti ti RESOLUTION OF THE CITY COUNCIL SI;04�G NO. 5340 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 20 day of J"--x , 2005 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. 'Q1 P22j Notary Public KRISTI B.ANDERSON NOTARY PUBLIC-MINNESOTA My Commission Expires Jan.31,2007 STATE OF MINNESOTA COUNTY OF HENNEPIN a4 f- The foregoing instrument was acknowledged before me on this Z day of r e 2005 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. RACHEL DODGE Notary Public NOTARY PUBLIC-MINNESOTA My Commission Expires Jan.31,2010 Page 4 of 5 O 4 ti CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL`9kESI;04�G NO. -5340 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this /St day of Jt , 2005 by Terry J. Blount, husband of Gretchen Blount. BARBARA G.SILUS Qb NOTARY PUBLIC-MINNESOTA JU My Coinrnission Expires Jan.31,200a Notary Public Imam STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this tday of !.c , 2005 by Gretchen Blount,wife of Terry J. Blount. asas� BARBARA G.SILUS ' NOTARY PUBLIC-MINNESOTA Notary Public My Commission Expires Jan.31,2008 age Page 5 of 5 °1 .°da all c;l ON o t• f f 41 u� ky LJ LA ki �,` --------- - - - - --- -------- 0 I vro � ,\ .�/Kt.�• -yam, - __ � _ - _ '� � �� ` Lo Ld p � .fes 1 >• Pal ` ' W p 1 ID QI ° \s pLl ' i � Lid O q .toy Ld v 0 � z 0 g r 4 p J 1— U C U 1Z O u CSDO LX moo° J N d 00 Ld � —, ON d ,—� o z o A A • 4153590 vJ ` J Ll P'+ OFFICE OF THE REGISTRAR OF TITLES HENNEPIN COMM,MINNESOTA CERTIFIED FILED ON AUG 2 6 2003 3 R OF TITLES r g EPUTY V �